A state Court of Appeals has ordered a Saginaw County judge to re-sentence a former Arenac County man convicted of solicitation to commit murder and witness intimidation.

Tod K. Houthoofd was convicted of both charges, plus obtaining property by false pretenses, in 2006.

Houthoofd, now 52, appealed on the basis that the trial venue was not proper for the solicitation of murder trial. Houthoofd argued that he was incarcerated in Arenac County at the time of the offense, court records show.

In August, the state Supreme Court agreed with Houthoofd but ruled that the impropriety was not sufficient cause to overturn his conviction, according to court files.

The justices did, however, question the trial judge’s decision to depart from the minimum sentencing guidelines.

Circuit Judge Lynda L. Heathscott sentenced Houthoofd to 40 to 60 years for solicitation of murder and 10 to 15 years for witness intimidation.

In imposing sentence, Heathscott said she believed Houthoofd was dangerous and incapable of being rehabilitated, according to documents on file with the courts.

The Supreme Court sent the case back to the Court of Appeals for a closer look at the sentence.

Thursday, the Court of Appeals overturned the sentence and kicked the case back to Saginaw County for re-sentencing.

The justices ruled that Heathscott’s reasons for departing from the guidelines were “the judge’s personal belief” and therefore did not meet legal standards for exceeding guidelines.

“While these factors may be thoughtful speculation about the nature of defendant’s character based on the acts that transpired, they are opinions that are not external to the mind or capable of being confirmed,” the justices wrote.

“Although objective evidence may well exist to support a finding that defendant is incapable of rehabilitation, the trial court must articulate such objective findings on the record, as we may not affirm a sentence founded upon subjective opinions.”

The case was remanded for re-sentencing only on the solicitation to commit murder conviction.

In a dissenting opinion, Justice Peter D. O’Connell of Lansing said Heathscott was “well within (her) discretion” in imposing a 40-year minimum sentence.

O’Connell said Heathscott is an “experienced and learned trial court judge” who sentenced Houthoofd based on the “lifetime fear to his specified targets and to their families” and his “inability to forget or forgive his grudges.”